Bill S.193
188th (2013 - 2014)

An Act to create and maintain jobs in the Commonwealth

Bill Title: An Act to create and maintain jobs in the Commonwealth

By Ms. Spilka, a petition (accompanied by bill, Senate, No. 193) of Karen E. Spilka, Sal N. DiDomenico, Daniel A. Wolf, John V. Fernandes and other members of the General Court for legislation to create and maintain jobs in the Commonwealth. Economic Development and Emerging Technologies.

SECTION 1. Chapter 6A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 7A the following new section:-

Section 7B. Each secretary may, without regard to chapter 31, appoint an entrepreneur-in-residence to provide services to the executive office for a period not to exceed 2 years. An entrepreneur in residence shall be a full-time employee of the executive office and shall report directly to the secretary. The duties of an entrepreneur-in-residence shall include, but are not limited to, assisting the executive office and agencies in improving outreach to small business and entrepreneurs to address their concerns and provide information regarding the work of the executive office and agencies; provide recommendations on inefficient or duplicative programs, if any; provide recommendations on methods to improve program efficiency and new initiatives; facilitate meetings and forums to educate the executive office and agencies about small business needs and concerns and to educate entrepreneurs on programs or initiatives of the executive office and the agencies; facilitate in-service training sessions for employees of the executive office and agencies on issues related to the impact of the work of the executive office and agencies on the success of entrepreneurs and small businesses; provide technical assistance or mentorship to small businesses and entrepreneurs.

A person appointed to the position of entrepreneurs-in-residence shall be recognized by their industry peers as successful in their field; have demonstrated success in working with small businesses and entrepreneurs; and have developed, invented, or created a product and brought the product to the marketplace.

SECTION 2. Chapter 7of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after section 4R the following new section:-

Section 4S. The secretary may convene a working group of the entrepreneurs-in-residence appointed under section 7B of chapter 6A to discuss best practices, experiences, obstacles, and opportunities in each of the executive offices where the entrepreneurs in residence serve, and to make recommendations for collaboration among the executive offices in order to improve programs and initiatives which impact small businesses.

SECTION 3. Section 33 of chapter 7C of the General Laws, as inserted by section 82 of chapter 165 of the acts of 2012, is hereby amended by inserting after the ninth paragraph the following:-

To determine whether property is not needed for current or foreseeable state or direct public use, the commissioner shall consider, , the long term cost savings from occupancy of state owned buildings versus renting property for use by state agencies, the cost to rehabilitate state owned facilities, the number and types of jobs that would be created by each rehabilitation project, a consideration benefits of a public private partnerships for construction and management of rehabilitated buildings, and the use of weatherization, renewable energy, off the grid power sources, and green certification. The commissioner shall prioritize analysis of state owned buildings in areas of the commonwealth with high levels of unemployment in the construction sector. For each building identified, the commissioner shall create a project plan for rehabilitation including a timeline to sell the renovated property.

SECTION 4. Section 22O of chapter 7 of the General Laws, as amended by section 4 of chapter 9 of the acts of 2011, is hereby amended by inserting the following subsection:-

(b) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that uses public funds to procure goods or services for a public use may give preference to procuring goods that are fabricated or processed, or services that are performed, entirely within the commonwealth if the goods or services cost not more than 10 percent more than goods that are not fabricated or processed, or services that are not performed, entirely within the state. If more than one bidder or proposer qualifies for the preference described in this subsection, the contracting agency may give a further preference to a qualifying bidder or proposer that resides in or is headquartered in the commonwealth.

SECTION 5. Chapter 15 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding at the end thereof the following new section:

Section 67B. Office of Dual Language Educational Programs.

There shall be within the department of elementary and secondary education an office of dual language educational programs, hereinafter referred to as the office. The office shall promote and provide technical assistance to dual language educational programs in the commonwealth

The office shall be under the direction and supervision of a director who shall be appointed by the secretary of education. The director shall coordinate with the executive office of housing and economic development and the executive office of labor and workforce development to identify those languages most useful in the industries and markets that contribute to economic vitality in the commonwealth and jointly market Massachusetts students as prepared to participate in a global economy.

The office shall recruit qualified dual language instructors for programs in the state, and shall be responsible for providing annual professional development programming for all dual language educational instructors in the commonwealth and for educators who aspire to teach in dual language programs and schools. Subject to appropriations, the office may provide grants to school districts that operate a dual language educational program in the commonwealth. The office shall facilitate relationships with representatives of foreign governments in order to encourage student exchanges between the two countries. The goal of the office’s activities shall be the promotion of dual language educational programs in the commonwealth.

The office shall annually compile a report of best practices from the dual language educational programs throughout the commonwealth and other states, distinguishing between the types of dual language educational programs, and distribute the compiled list to all dual language educational programs in the commonwealth.

The office shall annually report on dual language educational programs in the commonwealth to the joint committee on education and the house and senates committees on ways and means. The report shall include an analysis, appraisal, evaluation and listing of all dual language educational programs in the commonwealth. The report shall document, with quantitative data, the outcomes of each of the programs. The report should include best practices compiled by the office, as well as recommendations on how to best improve the dual language educational programs.

SECTION 6. Section 3A of chapter 15A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

(d) Said educational technology plan shall include a technology training educational program. The program shall provide educators in school districts throughout the commonwealth with annual training designed to advance teaching skills in the areas of technology, web, and social media.

SECTION 7. Section 4A of chapter 15A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 73, after the word “fund.” the following sentences:-

“The council shall award Guidance Counselor of the Year to an individual who has demonstrated an outstanding commitment to offering guidance to students that embraces the important role of science technology engineering and math in a student’s development. The council shall seek nominations from school districts, administrators, staff members, students, or any individual who has been impacted by the exceptional work of a guidance counselor in the areas of science, technology, engineering and math.”

SECTION 8. Paragraph (2) of section 19B of chapter 15A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 19, the word “may” and inserting in place thereof the following word:- “shall”

SECTION 9. Section 19D of said chapter 15A is hereby amended by inserting at the end thereof the following paragraph:-

(4) The program shall include in the outreach plan provisions to attract those students who commit to undertaking a bachelor degree in a subject area identified by the department of education and workforce development as essential to the educational needs of the commonwealth for future workforce prosperity.”

SECTION 10. Chapter 23A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 14 the following sections:-

Section 14A. There shall be within the partnership the commonwealth marketing office which shall be under the supervision and control of an executive director. The powers and duties given to the executive director of the commonwealth marketing office in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the partnership.

The executive director of the commonwealth marketing office shall be appointed by the governor, and serve at the pleasure of the governor. The position of executive director of the commonwealth marketing office shall be classified under section 45 of chapter 30 and the executive director of marketing shall devote full time during business hours to the duties of the office of travel and tourism and shall give to the state treasurer a bond for the faithful performance of those duties.

The executive director of marketing shall be the executive and administrative head of marketing and shall be responsible for administering and enforcing the laws relative to marketing the commonwealth and to any administrative unit of that office. Powers and duties given to an administrative unit of marketing by a general or special law shall be exercised subject to the direction, control and supervision of the executive director of marketing.

Section 14B. The commonwealth marketing office shall:

(1) create a marketing plan to communicate to businesses within the commonwealth and in other states and nations, information about state and local government policies, procedures, and programs designed to encourage business growth, the high educational attainment of the Massachusetts workforce, the strength of the many industrial clusters within the state and other factors which create a positive business environment in the Commonwealth;

(2) file a marketing plan every two years with the secretary of housing and economic development that includes programs and activities undertaken by the Commonwealth to promote a positive business environment and any recognitions or rankings received by the state for its efforts. Each plan shall include performance based measurements commensurate with section 16G(i) of Chapter 6A of the General Laws and align with the strategic plan created by the Economic Development Planning Counsel under section 16G(l) of Chapter 6A and shall evaluate the success of the prior year’s plan in meeting those goals;

(3) coordinate with institutions designed to promote the economic development in the Commonwealth, including but not limited to the Massachusetts Export Center, to measure and report on the use of export assistance within the Commonwealth;

(4) work with the regional economic development organizations, secondary and higher education institutions throughout the commonwealth, and Workforce Investment Boards, to create a marketing plan for each region in the commonwealth describing regional strengths, and business assistance opportunities, including but not limited to federal, state, and local resources available for worker training and collaborations with area educational institutions to develop an appropriately prepared workforce.

SECTION 11. Section 10B of chapter 23A, as appearing in section 9 of chapter 238 of the acts of 2012, is hereby amended by inserting after the word “capabilities.” the following clause:-

“The collaborative shall file and update an analysis of the manufacturing supply chain in the commonwealth marketing plan every two years with the Secretary of Housing and Economic Development. The report shall: (1) identify the strengths and weaknesses of the supply chain in Massachusetts; (2) identify areas of the supply chain that are currently underserved by Massachusetts suppliers; and (3) offer recommendations to improve the commonwealth’s supply chain capabilities.”

SECTION 12. Subsection (a) of section 18 of chapter 23D, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

(15) provision of research, evaluation, and promotion of worker-cooperatives as an alternative means of business ownership in the commonwealth.

SECTION 13. Section 6 of chapter 23H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after paragraph (c) the following paragraphs:-

(d) The director shall create a veterans skills transfer program within each one-stop operator office. The program shall assist veterans of the armed service to receive appropriate training and assistance with resume preparation and job applications in order to identify and describe experiences and skills acquired during military service that are comparable to the requirements of civilian employment. For the purposes of this section, the term veteran shall mean any person who is a veteran as defined in clause Forty-third of section seven of chapter four.

(e) The director shall create a basic technology skills training program within each one-stop operator office. The program shall assist individuals seeking services through the office to develop or update basic technology skills necessary for participation in the workforce. The course of instruction shall be commensurate with the level of training customary for the position an individual seeks.

(f) The director, in consultation with the secretary, shall maintain and continually update a database of all available positions within each employment district. The database shall be disseminated to guidance counselors in school districts, career counselors in public and private higher education institutions and one-stop career centers to ensure that maximum information about job market trends is available to individuals entering the workforce, jobseekers and employment placement programs. The director, in consultation with the secretary, shall continually monitor, and seek to implement, best practices from other states’ client assessment and job vacancy tools.

(g) The director shall ensure that all public employment offices maintain, as a separate database, a complete and accurate list of all available positions that will be subject to a criminal offender record information request under section 167 of chapter 6. The director shall further ensure that individuals seeking a position through the public employment office are informed of the criminal offender record information requirement associated with a given position before being referred to a training program by the office. .

SECTION 14. Chapter 23H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 6 the following section:-

Section 6A. (a) There shall be within the department of workforce development the Massachusetts Work Ready Program, in this section called the program. The program shall seek to provide skills training internships for eligible job applicants who are currently unemployed and are receiving unemployment benefits. Each eligible job applicant shall be enrolled in the program for no more than 26 weeks. Notwithstanding section 24 of chapter 151A, an eligible job applicant may be enrolled in this program while receiving unemployment compensation.

(b) For the purposes of this section:

“Eligible job applicant” means a person who:

(1) has been a resident of this state for at least six months;

(2) is unemployed;

(3) has attempted to secure employment by completing a comprehensive job search program administered by a one-stop employment office under section 6 of this chapter;

(4) is receiving and is eligible to receive unemployment compensation;

(5) has a minimum of 10 remaining weeks of unemployment eligibility; and

(6) is determined by the one-stop employment office to be likely to be available for employment by an eligible employer for the duration of the internship.

“Skills training internship” means an internship in which:

(1) includes actual operation of the facilities of the employer but is similar to training which would be given in an educational environment;

(2) provides education and training that is beneficial to the intern;

(3) interns work under close supervision of existing staff and does not displace regular employees,;

(4) the employer provides training in the skills utilized by the intern and businesses in the relevant industry in which the employer is a member;

(5) job placement with the employer is not guaranteed at the conclusion of the internship; and

(6) the employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

(c) A business employer is an eligible employer if it enters into a written contract with the one-stop operator in its workforce service area containing assurances that:

(1) The business has submitted a plan to the director and one-stop operator:

(i) describing the duties of each trainee to be hired under the program;

(ii) detailing the type of skills training that will be offered to each trainee; and

(iii) demonstrating that the business is likely to succeed and create future job openings for which interns completing the program will be qualified.

(2) Each internship created under this section:

(i) will provide training for interns to acquire skills for specific employment not otherwise available; and

(ii) will not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of overtime work, wages, or employment benefits.

(3) Participation in the program will allow the business to hire interns, but not to fill positions which would be filled in the absence of trainees from this program;

(4) The business will cooperate with the director and the one-stop operator in collecting data to assess the result of the program; and

(5) The business is in compliance with all applicable affirmative action, fair labor, health, safety, and environmental standards.

(d) A business participating in the program under this section is expected to retain interns for a term of at least six months during the initial internship period. In the event a business employer has offered full employment to and has retained a participant for no less than 365 days beyond the initial internship period, a business employer will be eligible for a tax credit not to exceed $1,000 per participant retained.

(e) An eligible employer may not:

(1) terminate, lay off, or reduce the working hours of an employee for the purpose of accepting an intern under this section; or

(2) accept an intern under this section if any other person has been laid off from the same or a substantially equivalent job within the previous six months.

(f) Each one-stop operator shall develop and submit a skills training internship development plan for the workforce service area under guidelines developed by the director. The one-stop operator shall seek input from potential eligible employers and the public.

(1) Each one-stop operator shall publicize the program within the workforce service area to seek maximum participation by eligible internship applicants and employers.

(2) Each one-stop operator shall enter into contracts with eligible employers setting forth the terms of their participation in the program as required by this section.

(3) Each one-stop operator shall screen internship applicants and employers to achieve the best possible placement of eligible internship applicants with eligible employers.

(g) The director shall seek for inclusion in the program those businesses that:

(1) have a high potential for growth and long-term job creation;

(2) meet the definition of a small business as defined in section 1 of chapter 40W;

(3) make extensive use of new technology;

(4) produce energy conserving materials or services or are involved in the development of renewable sources of energy; and

(5) have their principal place of business in the Commonwealth.

(h) The director shall semiannually prepare and file a report to the secretary of labor and workforce development and the secretary of housing and economic development that includes:

(1) the number of persons participating in internships under the program;

(2) the number and type of employers under the program;

(3) the amount of unemployment insurance or other benefits received by participants in the program; and

(4) the number of persons who have completed participation in the program and their current employment, educational, or training status.

SECTION 15. Section 2 of chapter 44B of the General Laws, as amended by section 73 of chapter 139 of the acts of 2012, is hereby amended by inserting, in line 27, after the word “town” the following:

“or a building owned by a city or town that has been determined by the community preservation committee to be a significant public building”

SECTION 16. Said section 2 is hereby further amended by inserting after the words “recreational use.” the following:

“With respect to historic resources, rehabilitation shall also mean capital improvements to significant public buildings which increase the energy efficiency, allow for the use of renewable energy, or generate renewable energy for the purposes of heating, cooling or producing electricity.”

SECTION 17. Chapter 69 of the General Laws as appearing in the 2010 Official Edition is hereby amended by adding after Section 1N the following new section:

Section 1O. The board shall establish the State Seal of Bi-literacy to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English. The secretary of education shall be prepare and deliver the seal insignia to participating school districts. Participating school districts shall be required to maintain records that identify pupils who have earned a State Seal of Bi-literacy and to affix an appropriate insignia to the diploma or transcript of pupils who earn a State Seal of Bi-literacy. . School district participation in this program is voluntary.

The purposes of the State Seal of Bi-literacy are: (1) to encourage pupils to study languages; (2) to certify attainment of bi-literacy; (3) to provide employers with a method of identifying people with language and bi-literacy skills; (4) to provide universities with a method to recognize and give academic credit to applicants seeking admission; (5) to prepare pupils with 21st century skills; (6) to recognize and promote foreign language instruction in public schools; (7)to strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community.

The State Seal of Bi-literacy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets all of the following criteria:

a) completion of all English language arts requirements for graduation with an overall grade point average of 2.0 or above in those classes;

b) passing the Massachusetts Comprehensive Assessment System Test in English language arts administered in grade 10 at the proficient level or above;

c) proficiency in one or more languages other than English, demonstrated through one of the following methods:

(1) passing a foreign language Advanced Placement examination with a score of 3 or higher or an International Baccalaureate examination with a score of 4 or higher;

(2) successful completion of a four-year high school course of study in a foreign language, and attaining an overall grade point average of 3.0 or above in that course of study;

(3) passing the SAT II foreign language examination with a score of 600 or higher.

For purposes of this section, "foreign language" means a language other than English, and includes American Sign Language.

The secretary of education shall be responsible for: preparing and delivering to participating school districts an appropriate insignia to be affixed to the diploma or transcript of the pupil indicating that the pupil has been awarded a State Seal of Bi- and providing other information necessary for school districts to successfully participate in the program.

A school district that participates in the program under this article shall maintain appropriate records in order to identify pupils who have earned a State Seal of Bi-literacy and affix the appropriate insignia to the diploma or transcript of each pupil who earns a State Seal of Biliteracy.

SECTION 18. Section 1D of chapter 69 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in line 6, after the words “science and technology,” the following words:- “computer science,”

SECTION 19. Chapter 70B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 3E the following new section:-

Section 3F. (a) The School Building Authority, in consultation with the department of elementary and secondary education shall develop science education facilities standards and regulations for grades kindergarten through twelve. These standards and regulations shall apply to all new school construction projects for the approval of school building construction and applicable school renovation projects.

(b) In the development of these standards and regulations, the authority shall consult with the department of elementary and secondary education and the Robert H. Goddard Advisory Council on Science, Technology, Engineering and Mathematics Education established under section 4A of chapter 15A. The regulations and standards shall include, but need not be limited to:

(1) the establishment of rigorous safety standards for the use of all laboratory equipment;

(2) facilities and equipment requirements consistent with inquiry-based scientific teaching and learning methods and designed for multi-disciplinary use;

(3) the establishment of minimum requirements for facilities and related equipment for grades 9-12 in the areas of general science, biology, chemistry, physics, computer education, and engineering;

(4) the establishment of limits for cost per square foot of laboratory space for general science, biology, chemistry, physics, technology and engineering;

(5) guidelines for design standards for combination classroom and laboratory facilities; and

(6) minimum requirements for length of use.

SECTION 20. The secretary of the department of transportation shall study the feasibility of establishing one or more facilities for the purposes of overhaul and other major repair, manufacture or assembly, installation, and upgrade of mass transit vehicles in order to ensure that safe, modern and efficient vehicles are in service in adequate numbers to meet the needs of citizens of the commonwealth. The secretary shall file report on the findings with the governor, the joint committee on transportation and the house and senate committees on ways and means by June 30 2014. The study shall consider the possibility of utilizing existing funding sources to direct maintenance and repair projects to existing facilities within the commonwealth and shall estimate the funding needed to create appropriate facilities for manufacture, assembly or major overhaul projects. The report shall include an estimate of the number of jobs related to creating the infrastructure necessary to perform this work in the commonwealth, the number of permanent jobs needed to create and maintain mass transit vehicles in the commonwealth, and the ancillary economic impact of operating such facilities in the commonwealth.

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